G.B. Shah, J.

1. Criminal Appeal No. 427 of 1996 has been filed by the appellant-original accused No. 1 against the judgment and order of conviction and sentence dated 4-6-1996 delivered by the learned Addl. Sessions Judge, Junagadh, in Sessions Case No. 73 of 1995 whereby original accused No. 1 was convicted and sentenced to undergo rigorous imprisonment for five years with a fine of Rs. 1,000/-, in default, to undergo further rigorous imprisonment for one year for the offence punishable under Section 304 Part-II of Indian Penal Code.

2. Criminal Appeal No. 640 of 1996 has been filed by the State of Gujarat against the judgment and order dated 4-6-1996 delivered by the learned Addl. Sessions Judge, Junagadh, in Sessions Case No. 73 of 1995 acquitting original accused Nos. 2 to 6 and convicting and sentencing original accused No. 1 under Section 304 Part-II of Indian Penal Code.

3. Short facts are that as per the complaint, on 4-1-1995 the complainant Rasilaben and her sister Ramaben were in their field since 10.00 a.m. and were putting manure into their farm. At about 11.00 a.m., their father Chhaganbhai came to their farm and when he reached near the western boundary of thei